New York City Uninsured Motorist Accident Lawyers
A car accident can become even more stressful when the at-fault driver has no insurance or does not have enough coverage to pay for the harm they caused. In these situations, working with a New York City uninsured motorist accident lawyer can help you understand where compensation may come from and the steps to protect your claim.
Silver & Kelmachter, LLP, helps injured people in New York City and across New York state pursue compensation after serious accidents. Our team, with 30-plus years of experience, understands how personal injury claims and insurance coverage issues can overlap after a crash. We work with clients to review available policies, document losses and deal with insurance companies that may try to reduce or delay payment.
Navigating An Accident With An Uninsured Or Underinsured Motorist In New York
An uninsured motorist is a driver who does not have valid auto insurance at the time of the crash. This may happen when a policy has lapsed, the driver never purchased coverage or the driver leaves the scene and cannot be identified. On the other hand, an underinsured motorist has insurance, but the policy limits are too low to fully cover the injuries and losses caused by the accident.
After a crash, you first need to identify the at-fault driver, confirm whether that driver had active coverage and determine whether their own policy includes uninsured or underinsured motorist protection. A New York personal injury attorney can help review the policy language, deadlines and notice requirements that may apply.
To file for compensation, helpful evidence may include:
- Police accident reports that document the crash and identify the parties involved
- Photos or videos of the vehicles, road conditions, traffic signs and visible injuries
- Medical records showing the nature and extent of your injuries
- Witness names and contact information
- Insurance letters confirming that the at-fault driver was uninsured or underinsured
- Proof of lost income, repair costs and other financial losses
A New York personal injury lawyer can help keep the claim organized and supported by evidence.
What Actions Should You Take If Involved In An Accident With An Uninsured Driver In New York?
After an accident with an uninsured driver, the first priority is safety and medical care. Call 911, report the crash and get treatment as soon as possible.
You should also try to preserve as much information as you can. Take photos of the accident scene, vehicle damage, license plates, insurance documents and visible injuries. If witnesses saw what happened, ask for their names and phone numbers. The police report may also help show whether the other driver lacked insurance or left the scene.
Then, notify your insurance company, but be careful about giving recorded statements before you understand your rights. These claims can involve strict policy requirements, including notice deadlines. Finally, speak with an attorney to help you avoid mistakes, gather evidence and determine whether your own uninsured motorist coverage may apply.
How Does Uninsured Or Underinsured Motorist Coverage Work In New York?
Uninsured motorist coverage can help protect injured people when an at-fault driver has no valid insurance or cannot be identified after a hit-and-run crash. In New York, drivers are required to carry uninsured motorist protection as part of their auto insurance policy. This coverage may allow an injured person to make a claim through their own insurer when the responsible driver has no available coverage.
Underinsured motorist coverage (UIM) may apply when the at-fault driver has insurance, but their policy limits are not enough to pay for the full value of the injuries. Depending on the policy, this may provide an additional path to compensation after the at-fault driver’s available coverage is exhausted.
A New York City uninsured motorist accident lawyer can review your coverage and help present the claim clearly.
What Happens If You Are Partially At Fault In An Accident With An Uninsured Driver In New York?
Being partially at fault does not automatically prevent you from receiving compensation in New York. New York follows a comparative negligence rule. This means your compensation may be reduced by your percentage of fault. For example, if you were found 20% responsible, your recovery may be reduced by that same percentage.
Fault still matters in uninsured and underinsured motorist accident claims. The insurance company may argue that you caused or contributed to the crash to limit what it pays.
If there is a dispute over fault, we can help respond to the insurer’s arguments and protect the value of your claim. Even when the at-fault driver has no insurance, the facts of the crash still shape the compensation process.
Call Now To Speak With A New York Uninsured Motorist Accident Attorney
At Silver & Kelmachter, LLP, we assist injured people in New York City and across New York state in understanding their options after serious accidents. Our lawyers can review your coverage, gather evidence and help pursue the compensation available under the law.
To discuss your claim through a free consultation with a New York personal injury attorney, call us at 212-661-8400 or use our contact form. Se habla español.